The NJ 2440 form is a crucial document for workers in New Jersey, aimed at supporting the exclusion of certain amounts received under accident and health insurance plans from taxable gross income. This form is utilized to certify that payments received for personal injuries or sickness meet specific criteria set by the New Jersey Division of Taxation, ensuring they are not subject to the state's gross income tax. It's an essential tool for employees who have been compensated through their employer's accident or health insurance plan during periods of sickness or personal injury, providing a clear pathway to tax relief for qualifying payments.
The NJ-2440 form, administered by the State of New Jersey Division of Taxation, serves a critical purpose in delineating the exclusions applicable for amounts received under accident and health insurance plans due to personal injuries or sickness. It requires detailed information including the employee's social security number, the employer's identification number, and specifics about the periods of illness or injury for which compensation was paid. The form plays a pivotal role in ensuring that certain payments received by employees, which meet specific criteria set forth in N.J.A.C. 18:35-2.3, are not subject to state gross income tax. These criteria focus on three main aspects: the payments must compensate for wage loss due to the employee's absence resulting from injury or sickness; they must arise from an enforceable contractual obligation under the insurance plan; and they must not relate to sick leave or wage continuation that is discretionary. Furthermore, the exclusion from taxable gross income covers payments not just from commercial insurance companies where premiums are paid by both employer and employee, but also from employer’s self-insured plans, or under the state's temporary disability benefit plan, as long as they adhere to the stipulated conditions. However, the form also clarifies situations where withholding of gross income tax is still required despite these exclusions, emphasizing the nuanced approach New Jersey takes towards taxation of employee benefits related to health and accident insurance.
NJ-2440
10-03, R-6
State of New Jersey
DIVISION OF TAXATION
POBOX 019
TRENTON, NEW JERSEY08695-0019
STATEMENT IN SUPPORT OF EXCLUSION FOR AMOUNTS RECEIVED
UNDER ACCIDENT AND HEALTH INSURANCE PLAN
FOR PERSONALINJURIES OR SICKNESS
YEAR __________
EMPLOYEE: ______________________________________________ SOC. SEC. NO. ___________________________
EMPLOYER: ______________________________________________ I.D. NO. _________________________________
PERIODS OF SICKNESS
NUMBER
PAID
INITIAL
ALLOWABLE
DAILY RATE
FROM
TO
DAYS
MINUS
PERIOD
SICK DAYS
X
OF PAY
=
SICK PAY
-
TOTAL SICK PAY FOR YEAR
This is to certify that the payment(s) set forth above meet all three criteria in N.J.A.C. 18:35-2.3
__________________________________________________
Authorized Signature of Employer
Title
Date
Gross Income Tax
Employee Accident or Health Insurance Exclusion
N.J.A.C. 18:35-2.3
18:35-2.3 Employee accident or health insurance exclusion from taxable gross income
(a)Amounts received by an employee through an accident or health insurance plan for personal injuries or sickness are not subject to tax under the New Jersey Gross Income Tax Act.
(b)Amounts received by an employee on account of personal injury or sickness qualify for exclusion from taxable gross income when received under the provisions of an employee accident or health insur- ance plan which satisfies the following requirements:
1.The payments must be compensation for wage loss which results from absence due to injury or sickness of the employee; and
2.The payments must have a requisite certainty under an enforce- able contractual obligation under the plan (see N.J.A.C. 18:35-2.3 (e)); and
3.Thepaymentsmustnotrelatetosickleavewagecontinuation,the taking of which is largely discretionary and the payments are made regardless of the reason for absence from work.
(c)The exclusion from taxable gross income applies to payments to employees under a health or accident insurance plan regardless of whether insurance coverage is with a commercial insurance company to which premiums are paid by both employees and employer or sole- ly by the employer; or whether insurance coverage is provided by an employer’s self-insured plan for which no insurance premiums are paid by the employees.
(d)The exclusion from taxable gross income applies to payments required to be made to employees under the State mandated tempo- rary disability benefit plan pursuant to the New Jersey Temporary Disability Law (N.J.S.A. 43:21-25, et seq.). Payments which are excludablefromtaxablegrossincomeincludetemporarydisabilityben- efit payments required to be made under the State Plan which is administered by the Bureau of State Plan Disability Benefits under the New Jersey Disability Law. Exclusion from taxable gross income also includes payments required to be made to employees under a compa- ny’s private plan established pursuant to New Jersey law in lieu of the State Plan described in the preceding sentence and which has been approved by the Bureau of Private Plan Disability Benefits, Division of Unemployment Insurance and Disability Insurance.
(e)Where payment to employees under the health or accident insurance plan is largely discretionary with the employer, such as dur- ing the initial period (for example, first seven days), the exclusion from taxable gross income does not apply. Such payments to the employ- ee are subject to tax as wages and salaries. In order for a wage loss payment made under an accident or health insurance plan to be excludable from taxable gross income, the payment to the employee must have a requisite certainty under an enforceable contractual oblig- ation.
(f)Effective June 1, 1982, withholding of the gross income tax shall be required on all payments of wages and salaries made to an employee by an employer. The withholding or the tax is required even though such payments meet all the conditions for exclusion from tax- able gross income as made through an accident or health insurance plan for personal injuries or sickness under this section. The only exceptions for the withholding of tax shall be for the following:
1.Temporary disability benefit payments required to be made under the State Plan which is administered by the Bureau of State Plan Disability Benefits under the New Jersey Disability Law;
2.Temporary disability benefit payments required to be made to employees under a company’s private plan established pursuant to New Jersey law in lieu of the State Plan described in (f)1 above and which has been approved by the Bureau of Private Plan Disability Benefits, Division of Unemployment Insurance and Disability Insurance; and
3.Payments made to employees for personal injuries or sickness under a health or accident insurance policy by a commercial insurance company.
(g)All taxpayers will be required to file with their annual New Jersey Gross Income Tax Return a claim form furnished by the direc- tor for the exclusion of any amounts received by them as an employee through an accident or health insurance plan for personal injuries or sickness which meet all the conditions for exclusion from taxable gross income under (f) 1, 2 and 3 above.
EXAMPLES:
i. An employee of Company X is allowed 12 vacation days and 15 sick days for the year 1982. The employee uses 12 vacation days and 10 sick days in 1982 for which he receives his regular wage payment, regardless of the cause for his absence. The amounts received by the employee in 1982 for the 12 vacation days and 10 sick days are sub- ject to tax as wage and salary income to the employee and the employ- er must also withhold gross income tax on such payments.
ii. Company Y has a self-insured disability plan for its employees who are absent from work because of accident or sickness. The plan is fully funded by the employer company and the employees make no contribution to the plan. Payment for the full amount of wages is made to disabled employees absent from work, on the eighth calendar day. Payment for the initial seven days to the covered employee is discre- tionary with the company employer under the plan. The amount received by the absent employee because of his disability is exclud- able from taxable gross income as health or accident insurance after the initial seven days of absence but is subject to withholding tax. Any amount received by the employee as payment for the seven initial days is subject to tax as wage and salary income to the employee and is also subject to withholding tax.
iii. Employee C receives a payment in 1982 from the New Jersey Disability Benefit Fund during an absence from work because of tem- porary disability resulting from illness. Both the employee and employ- er have contributed to the disability benefit fund. The total amount received by the employee from the New Jersey Disability Benefit Fund is excludable from taxable gross income as a payment for health or accident insurance and is not subject to withholding tax.
iv.Employee D is absent from work in 1982 because of illness and receives from the X Insurance Company the full amount of his wages during the period of his absence from work. The payment was made from a health or accident insurance policy to which only the employer has contributed. The amounts received by the employee are exclud- able from taxable gross income as health or accident insurance and are not subject to withholding tax.
Filing the NJ-2440 form is a crucial step for employees in New Jersey aiming to exclude certain amounts received under an accident and health insurance plan for personal injuries or sickness from their taxable gross income. This procedure ensures that qualifying payments are properly documented and acknowledged by the State of New Jersey, Division of Taxation. Following a clear, step-by-step guide enhances accuracy and compliance, facilitating a smoother filing process.
Upon completing these steps, it is crucial to review the form for accuracy and completeness. Any missing or incorrect information can delay processing or result in the denial of the exclusion claim. Once finalized, the form should be filed in accordance with New Jersey Division of Taxation's submission guidelines. This may involve sending the form to the specified PO Box in Trenton, New Jersey, or another directed submission method. Filing this form is a testament to the meticulous record-keeping and adherence to state guidelines, crucial for ensuring that employees receive their rightful benefits without undue taxation.
The NJ-2440 form is a document required by the State of New Jersey for employees seeking to exclude amounts received under an accident and health insurance plan for personal injuries or sickness from their taxable gross income. This form is used to certify that the payments meet specific criteria laid out by New Jersey regulations.
Any employee who has received payments from an accident or health insurance plan due to personal injury or sickness, and wants to exclude these amounts from their taxable gross income in New Jersey, should complete the NJ-2440 form.
To exclude payments from taxable gross income, the following conditions must be met:
No, not all payments qualify. The exclusion from taxable gross income applies to certain payments under a health or accident insurance plan. This includes payments from commercial insurance companies and self-insured plans by the employer that meet the specified criteria and do not include discretionary sick leave wage continuation payments.
Payments specifically excluded from taxable gross income under New Jersey law are:
Yes, payments during the initial period of absence (for example, the first seven days) that are largely discretionary with the employer do not qualify for the exclusion. These are subject to tax as wages and salaries.
As of June 1, 1982, New Jersey requires withholding of gross income tax on all payments of wages and salaries, even if they meet the conditions for exclusion from taxable gross income when made through an accident or health insurance plan. The only exceptions are certain temporary disability benefits and payments made for personal injuries or sickness by a commercial insurance company.
Taxpayers are required to file a claim form with their annual New Jersey Gross Income Tax Return to exclude amounts received through an accident or health insurance plan for personal injuries or sickness. This form must demonstrate that all conditions for exclusion from taxable gross income are met.
The NJ-2440 form is available through the New Jersey Division of Taxation. For more information or to download the form, visit their official website or contact their office directly.
Filling out the NJ-2440 form, which supports the exclusion of certain amounts received under accident and health insurance plans for personal injuries or sickness from taxable income, requires careful attention to detail. Mistakes can lead to the incorrect processing of claims or even lead to the denial of benefits that claimants rightfully deserve. Below, we outline nine common mistakes people often make when completing this form.
Being mindful of these common pitfalls can help ensure that the NJ-2440 form is filled out accurately and completely, aiding employees in successfully claiming their exemptions. Careful attention to detail and a clear understanding of the requirements are key to navigating this process effectively.
When dealing with the NJ-2440 form, it's common to encounter a variety of documents that support or are necessary for accurate and complete filing. These documents ensure compliance with state regulations and facilitate the reporting and exclusion of certain benefits from taxable gross income. Understanding these documents can streamline the process for individuals and employers alike.
Together, these documents play a vital role in accurately completing the NJ-2440 form and ensuring that taxpayers claim the correct exclusions from their gross income. They not only support the form's claims but also aid in maintaining transparency and compliance with New Jersey taxation laws.
One document that bears resemblance to the NJ-2440 form is the IRS Form 1040, the U.S. Individual Income Tax Return. Both forms involve the reporting of income and specific exclusions to that income. The NJ-2440 form is centered around the exclusion of amounts received under accident and health insurance for personal injury or sickness from New Jersey Gross Income Tax. Similarly, the IRS Form 1040 requires individuals to report their annual income, including wages, salaries, and various exclusions or deductions applicable under federal law. The key similarity lies in their purpose of defining taxable income after certain exclusions or deductions are applied, albeit under different jurisdictions and for varying types of income.
The W-2 form, or Wage and Tax Statement, also shares similarities with the NJ-2440. Both documents involve the employer's role in reporting. Where the W-2 summarizes the employee's annual wages and the amount of taxes withheld from their paycheck, the NJ-2440 involves an employer certifying that the payments made for accident and health insurance meet the criteria for exclusion from gross income tax in New Jersey. Each document is integral to ensuring accurate income reporting and tax withholding, serving as official records that tie the employer to the employee's financial and tax obligations.
The 1099-MISC form is another document with purposes akin to the NJ-2440 form. It is used to report various types of income other than wages, salaries, and tips. Like the NJ-2440, which deals with specific exclusions for income received under certain conditions, the 1099-MISC form also accounts for different income categories that may be subject to taxation or exclusion. Both forms contribute to the broader framework of income reporting, allowing for a detailed account of an individual’s annual earnings and the specific nuances affecting taxable income.
Schedule C (Form 1040), Profit or Loss from Business, shares a conceptual resemblance to the NJ-2440 form in that both involve the identification and exclusion of certain types of income from taxation. While Schedule C pertains to business income and expenses, allowing for a detailed account of profit or loss that influences taxable income, the NJ-2440 focuses on excluding specific insurance payments from personal income. Both documents facilitate the nuanced process of determining net taxable income, albeit in significantly different contexts.
The SSA-1099, Social Security Benefit Statement, is somewhat analogous to the NJ-2440 form. It details the social security benefits received by a person over the year. Like the NJ-2440, which clarifies certain exclusions for health and accident insurance payments, the SSA-1099 helps recipients understand how their social security benefits might affect their overall taxable income. Both forms play vital roles in income reporting, ensuring individuals are informed about how specific types of income are treated for tax purposes.
The Form 8853, Archer MSAs and Long-Term Care Insurance Contracts, is similar to the NJ-2440 in its focus on health-related expenditures and benefits. While NJ-2440 deals with the exclusion from gross income of payments received for personal injury or sickness under an accident or health insurance plan, Form 8853 involves reporting contributions to medical savings accounts and the taxable benefits received. Both forms address the intersection of health benefits and tax, acknowledging the implications of health-related payments and insurance on taxable income.
New Jersey Temporary Disability Benefit forms, such as the NJ-1D, are closely related to the NJ-2440, specifically in their focus on health-related benefits. The NJ-2440 form deals with the exclusion of payments for personal injuries or sickness from taxes, similar to how temporary disability forms report benefits that might also be exempt from state income tax. These documents are crucial for individuals navigating the tax implications of receiving health or disability benefits, ensuring that benefits intended to support individuals during illness or injury are accurately reported and appropriately treated for taxation.
The Unemployment Benefit statement, or Form 1099-G, can be paralleled with the NJ-2440 form as well. This document reports the income someone receives from unemployment benefits throughout the year. Both forms are centered around the accurate reporting of specific income types to properly determine tax liability. With the NJ-2440 form focusing on the exclusion of certain health and accident insurance payments and the 1099-G focusing on unemployment income, both play integral roles in clarifying how different income sources are treated under tax law.
Form 8962, Premium Tax Credit, shares a functional similarity with the NJ-2440 form in its relation to healthcare and taxation. While the NJ-2440 form allows for certain insurance payments to be excluded from taxable income, Form 8962 is used to reconcile the amount of health insurance premium assistance received through the marketplace with the actual tax credit eligibility. Both forms elucidate the intersection between health-related financial support and its implications on individuals’ taxes, ensuring accurate tax payment and compliance with healthcare policy provisions.
Last but not least, the Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, although primarily focused on retirement and savings plans, has an underlying similarity with the NJ-2440 concerning its treatment of exceptions and exclusions from taxes. The NJ-2440 form addresses exclusions related to health and accident insurance payouts, while Form 5329 deals with exceptions to additional taxes on premature distributions among other things. Each form aids taxpayers in navigating specific situations where certain amounts may be exempt from standard tax treatment, reflecting the nuanced nature of tax law and its applications to various aspects of personal income.
Filling out the NJ-2440 form correctly is crucial for ensuring you receive the proper exclusions for amounts received under accident and health insurance plans for personal injuries or sickness. Here are six dos and don'ts to keep in mind:
Remember, accurately completing the NJ-2440 form is essential to ensure that you benefit from the exclusions provided for amounts received under accident and health insurance for personal injuries or sickness. Carefully following these dos and don'ts will help streamline the process and avoid any potential issues with your claim.
Many people often have misconceptions about the NJ-2440 form, which is crucial for exclusions related to accident and health insurance plans for personal injuries or sickness in New Jersey. Let's clear up some common misunderstandings:
It's only for accidents at work: The NJ-2440 form applies to amounts received under an accident and health insurance plan for personal injuries or sickness, not limited to workplace incidents. This includes illnesses or injuries occurring outside of employment.
All health benefits are taxable: Not all health benefits received are subject to tax. The NJ-2440 form specifically helps employees exclude from their taxable gross income payments received for personal injuries or sickness under qualifying conditions.
Only employer-paid premiums qualify: The exclusion covers amounts received regardless of whether the insurance coverage is provided by an employer’s self-insured plan, a commercial insurance company paid by both employer and employee, or solely by the employer.
Sick leave payments are always excluded: Payments related to sick leave wage continuation, where taking such leave is discretionary and made regardless of the absence reason, do not qualify for exclusion.
No need to file if taxes are withheld: Even if taxes are withheld from payments that qualify for exclusion under this form, taxpayers must still file the NJ-2440 with their annual New Jersey Gross Income Tax Return to claim the exclusion.
Any insurance payment qualifies: Only payments received under an employee accident or health insurance for personal injury or sickness qualify for exclusion. The plan must meet specific requirements, including compensation for wage loss due to injury or sickness absence.
All temporary disability payments are excluded: Only temporary disability benefit payments required under the state or an approved private plan qualify. Payments during discretionary periods by the employer, like the first seven days, are taxed as wages.
Form NJ-2440 is for employers only: While employers need to certify the payment information on the NJ-2440 form, it’s the employee who must file it with their tax return to claim the exclusion of these amounts from their taxable gross income.
No distinction between types of plans: The NJ-2440 form takes into account different types of insurance coverages - those provided by commercial insurance companies or by employer’s self-insured plans. The key is the nature of the payments, not the type of insurance plan.
Understanding the specifics of the NJ-2440 form can significantly impact how individuals file their taxes in New Jersey, particularly concerning health and accident insurance plans. Seeking clarity on these misconceptions ensures that taxpayers can accurately report their income and claim rightful exclusions.
Understanding the intricacies of the NJ-2440 form is key to ensuring that amounts received under accident and health insurance plans for personal injuries or sickness are properly excluded from taxable gross income in New Jersey. Below are six key takeaways to assist in accurately filling out and using this form:
By adhering to these key points when dealing with the NJ-2440 form, individuals can ensure their submissions are compliant with New Jersey regulations regarding the exclusion of certain payments from their taxable gross income.
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